Charles County Court Proceedings, 1671—1674.     433

     Said legg as likewise for tht the said Servt was Incapable of per- Liber E
     formeing his the said Jonathans Service as formerly and as Yet
     Complains of a payne in the Said legg Soc tht he the Said Jonathan
     Sayes tht he hath loss and is damnefied to the Value of one thousand
     pounds of tob and thereupon he Bringes his Suite:
      Eliza: Thompson Sworne on behalf e of the Pltf Who Declares, tht
     Some tyme in May last did wth one how helve Strike her downe to the
     Ground and then kicked her legg and beate her Soe much tht Shee
     Could not rise from the place where Shee lay, and farther declares
     tht the kick tht he gave her legg Caused it to be Soe Sore tht Shee
     Could not walke about her Masters buisness, and farther Cannot Say
      Hen: Hardy Sworne on the Pltfs Behalfe Whoe declares tht he Saw
     the said Servt on Whitsuntide, and then at the Plantacon Saw her
     legg bleed much, and tht Shee the Said Servt tould him Shee might
     thanke Tho: Hayes for her Sore legg
      John Lemayre Sworne, and declares, tht at the request of Jonathan
     Marler he went to looke after the Said Servts legg and tht Shee then
     tould him that the Sore bread of it Selfe and farther Sayes not,
      Whereupon the Worshipp full Comishoners have ordred tht a Non
     Suite be entred agt the Pltf
      The Dft prferreth this ensueing Bill of Cost to the Court wth is [fol. 94]
     allowed of
         To Tho: Hays for one days attendance     30
         To John Kymborough p ditto      30
         To Attorneys fees               60
                                         120


      In a Certayne matter of Difference depending between Sam:
     Cressy Plant and Fra: Kylborne & Eliza: his wife DP the Plaintiffes
     Declaracon is read in Court as followeth
      Charles County ss: And Whereupon the said Sam: Complayneth
     agt the Said Fra: and Eliza: for tht whereas on the 12th day of in the
        yeare of the Dominion of Caecilius & Annoq Dni 1671; and at
     divers dayes and tymes Since till the 12th day of March in the Same
     Yeare at the Speciall instance and request of him the said Fra: he
     the said Sam: did draw for him the said Fra: SeVall Declaracons and
     Sevall tobaccoes for him the Said Fra: did Demand in Consideracon
     whereof the Said Fra: did then assume on himself e and to the Said
     Sam: did fayth fully promise to Satisfie and Content the Said Sam:
     when thereunto required Yet the Said Fra: although often thereunto
     required the Sume of five hundred pounds of tobacco has not Satis-
     fiel but Doth altogether refuse to pay the Same, whereupon the Said
     Sam: Sayth he is Damnefied and hath loss to Value of Seven hun-
     dred pounds of tob: and thereupon he Brynges his Suit
        31